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Saturday, February 7, 2009

Conclusions

While he did much to lay the ground work for the English legislative Reform which was to take place in the 19th century, Bentham's Conclusions on how law came about, his lack of understanding of the process which was more fully understood subsequent to his passing (Darwinian evolution), led his followers, in subsequent years, to apply positive law unworkable to the problems of social and industrial development. The fact is that no one mind, no group of minds in a collective, can devise laws for society, and certainly not within a single human generation. Jeremy Bentham was right to this extent: we are capable and it is right that we continue to examine the reasons for the various happy and sad conditions of man; and, in certain limited circumstances, we should pass restrictive laws to better guide the natural development of the Voluntary rules which are part of that which we know as natural law.

Source: blupete.com